Provides notification of employment or promotion of applicable employees to organizations of state employees designated managerial or confidential for purposes of employee representation in determining the terms and conditions of employment.
STATE OF NEW YORK
________________________________________________________________________
2394--B
2023-2024 Regular Sessions
IN SENATE
January 20, 2023
___________
Introduced by Sen. JACKSON -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
-- recommitted to the Committee on Civil Service and Pensions in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the civil service law, in relation to employee represen-
tation of state employees designated managerial or confidential
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 208 of the civil service law is amended by adding a
2 new subdivision 4-a to read as follows:
3 4-a. (a) Within thirty days of a public employee who is designated as
4 managerial or confidential pursuant to subdivision seven of section two
5 hundred one of this article first being employed or reemployed by a
6 public employer, or within thirty days of being promoted or transferred
7 within the existing employing agency or a new employing agency, the
8 public employer shall notify an organization that advocates for manage-
9 rial or confidential employees, as such employees are designated pursu-
10 ant to subdivision seven of section two hundred one of this article, of
11 such employee's name, address, job title, employing agency, department
12 or other operating unit, and work location; and
13 (b) Within thirty days of providing notice in paragraph (a) of this
14 subdivision, a public employer shall allow a duly appointed represen-
15 tative of the organization that advocates for managerial or confidential
16 employees, as such employees are designated pursuant to subdivision
17 seven of section two hundred one of this article, to meet with such
18 employee for a reasonable amount of time during such employee's work
19 time without charge to leave credits, unless otherwise specified within
20 an existing agreement, policy or procedure currently existing for public
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06697-05-4
S. 2394--B 2
1 employees who are designated managerial or confidential, provided,
2 however, that the arrangements for such meeting must be scheduled in
3 consultation with a designated representative of the public employer;
4 and
5 (c) Upon the request of the organization that advocates for managerial
6 or confidential employees, as such employees are designated pursuant to
7 subdivision seven of section two hundred one of this article, and if the
8 public employer conducts new employee orientations, the public employer
9 shall provide an organization that advocates for managerial or confiden-
10 tial employees, as such employees are designated pursuant to subdivision
11 seven of section two hundred one of this article, mandatory access to
12 such new employee orientations. Such organization shall receive not less
13 than ten days' notice in advance of an orientation, except that a short-
14 er notice may be provided in a specific instance where there is an
15 urgent need critical to the employer's operations that was not reason-
16 ably foreseeable to provide such notice. The structure, time, and manner
17 of exclusive representative access shall be determined through mutual
18 agreement between such organization and the employer.
19 § 2. This act shall take effect immediately.
